Schools rely on staff to report criminal history

DOYLESTOWN, Pa. (AP) — Public schools across the state perform one-time criminal history checks for teachers and other school employees as required by Pennsylvania law, but crimes committed by school staff during their employment may easily go undetected.

Why?

Pennsylvania law doesn’t require subsequent background checks after employees are hired and most local public school districts say they rely on the honor system. Essentially, it’s up to employees to submit a form to report that they’ve been charged or convicted of criminal activity.

Recently, a 60-year-old Centennial school bus driver was charged with indecent assault involving two young boys. The superintendent said the the man passed the required background checks and pointed out the alleged incidents didn’t occur while the 43-year employee was on the job.

“It wouldn’t have been our procedure to do that (subsequent checks),” said Centennial School District Superintendent Joyce Mundy. “Had we done clearance checks — even six months ago — nothing would have shown up, since he hadn’t been through the trial process.”

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In the first incident, it was a Centennial student — not the suspect — who stepped forward with information regarding the alleged crime. Shortly after that, another incident was discovered, also not school-related.

“Information was provided by the student, and we immediately notified authorities,” Mundy said. “He was placed on leave as soon as we became aware of potential concern. It was within the hour. It’s not an indictment of guilt. It’s to ensure student safety.”

That incident raised questions about just how often school districts check the criminal history of their employees - especially involving crimes against youth. State officials said they don’t keep track of instances of school employees who self-report crimes.

Before working at a school, state law requires candidates to get at least three background checks: a Pennsylvania State Police criminal records check; a Pennsylvania Department of Welfare child abuse history clearance; and a federal criminal history record check. The employee pays for the checks; the three cost a total of $60.

“Once an employee is hired, no further background checks are required by Pennsylvania Department of Education mandates, nor required by board policy,” said Robert J. Cardillo, director of human resources for the Bensalem School District.

In 2011, a new law governing teacher background checks sought to add more protections. Act 24 covers all school employees, not just teachers. And it requires school employees to disclose any prior arrests or convictions for serious offenses, including homicide, kidnapping, sexual assault or aggravated assault. And it also covers school employees who were hired before a 1986 law mandated criminal background checks for new workers.

The law expanded required background checks for employees of public and private schools, intermediate units and area vocational-technical schools. It also requires checks for independent contractors and their employees who have direct contact with children and for student-teacher candidates assigned to public and private schools.

The law bans anyone convicted of certain crimes from school district employment for anywhere from three years to life — depending on the crime. Under Act 24, existing school employees must disclose arrests and convictions for 27 offenses, ranging from homicide to sexual assault, regardless of when they occurred. The law also requires school workers to report any new arrest to their district within 72 hours.

Gilbert Martini Jr., director of human resources for Central Bucks School District, said Act 24 was designed to “enhance the safety of school children.”

The law, he said, also included “an important mechanism” to help ensure that current employees, who may not have been subject to a previous background check, provide assurances they haven’t been previously arrested or convicted of a criminal offense. Essentially, employees must fill out a form outlining any criminal history. If an employee refuses to submit the form, that person would be required to have a background check done at his own cost.

“Current employees are relied upon to be honest and report arrests and convictions,” Martini said. “School administrators are not able to determine through the background check process crimes involving immorality if there is no arrest record.”

Quakertown Community School District Superintendent Lisa Andrejko said all employees go through the three required background checks at the time of hire, but there is no procedure to do subsequent checks. She said it’s important for the community to understand that information is communicated in both formal and informal ways.

“Issues are self-reported or brought to our attention by our law enforcement agencies,” she said. “Should they not be self-reported, our employees have a stake in making sure our students are safe and they uphold the reputation and quality of workers in the school. They would notify our administrators, who also have good relationships with our employees.”

Efforts to reach officials from the Neshaminy, Council Rock, Bristol Borough and Pennsbury school districts were unsuccessful. They didn’t return phone calls or emails.

Tim Eller, press secretary for the Pennsylvania Department of Education, said districts do have the authority to require additional checks.

If an administrator has a reason to believe an employee has been arrested or convicted of an offense and hasn’t filed a written report, the district can require the employee to pay to have a criminal background check done, he said.

According to a Pennridge School District statement: “With reasonable suspicion, the district can request new clearances and if the individual has not followed the Act 24 guidelines, termination could be the result.”

In the case of the Centennial school bus driver, school officials said they had no reason to believe he was involved in criminal activity.

Police said Fred Brimmer, of the 1200 block of Valley Hill Trail in Upper Southampton, was charged with indecent assault, corruption of minors and two counts of unlawful contact with a minor. The charges involved two boys; one is 8 and the other is 12.

In a statement at the time of the arrest, Mundy said Brimmer has been on administrative leave since Oct. 22, “when the district first learned of an alleged incident.” Mundy also said incidents involving the two children “occurred outside of his employment with the district.”

Both boys said Brimmer had inappropriate contact with them separately at his house, according to Upper Southampton police Chief Ron MacPherson.

“It is essential to understand that the actions for which Mr. Brimmer was charged did not occur in connection with his employment within the district nor did they occur during the hours of his employment,” Mundy said. “It is our understanding that they occurred in connection with family and volunteer activities in which he was engaged, and the district has no power or authority over Mr. Brimmer outside of the scope of his employment.”

She said the district does have the authority to safeguard students once officials learn of an alleged incident. And once it was reported Oct. 22, the district placed Brimmer on administrative leave immediately and notified police.

“Mr. Brimmer went through the required background checks for criminal record and child abuse history clearances. At the time of his hire, those background checks gave no indication of any previous criminal behavior,” Mundy said.

Mundy said the 2011 law did make employees more accountable for their actions.

“Before 2011, there was no requirement on the part of the employee,” said Mundy, adding that protective measures have improved. “It is certainly better than it was. Now, employees do need to notify the district if something happens.”

Pennsylvania School Boards Association spokesman Steve Robinson said there is no legislation pending that would require school districts to regularly do background checks on current employees.

One national schools security expert said more criminal record checks should be required.

Kenneth Trump, president of the Ohio-based National School Safety Security Services, said schools should do followup checks at least every five years.

“You will run into some districts who do checks every five years, but it’s so rare that it tends to be the exception not the rule,” he said.

Leslie Davila, director of office of Child and Youth Protection for the Archdiocese of Philadelphia, said Catholic schools in the five-county area go “above and beyond” what is required by law.

“We require renewals of background checks every five years,” said Davila, who added that the policy went into effect when Catholic schools across the country established youth protection offices in 2003. Her office monitors school employee records to make sure employee background checks are current.

“All dioceses in the county have similar programs,” she said.

Such policies are not common in public schools, Trump said.

“It’s a contractual issue negotiated with teachers unions and professional associations, and school administrators don’t want to fight that battle.”

Plus, Trump said, there’s a financial issue: “There is a cost for doing the checks. There is a cost for who would manage that process.”

His national consulting firm has pressed schools across the country to enact stronger rules requiring periodic criminal checks on their workforce. The vast majority don’t do so, he said.

“The bad news is that is the norm,” Trump said. “It’s a perfect example of a huge flaw in the system of background checks with school employees that we see around the country.”

Still, he said, Pennsylvania’s “self-report” law is a step in the right direction because it gives school districts the authority to terminate an employee if the district discovers a crime that went unreported.

“It’s an after-the-fact tool,” he said. “What employee who has recently been arrested is eagerly awaiting a run into their HR office to talk of their arrest? So I think there should absolutely be a better policy.”